PEOPLE EX REL. HOWARD v. YELICH

511355.

87 A.D.3d 772 (2011)

928 N.Y.S.2d 609

2011 NY Slip Op 6162

THE PEOPLE OF THE STATE OF NEW YORK ex rel. LEVI HOWARD, Appellant, v. BRUCE S. YELICH, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 4, 2011.


Petitioner was serving a lengthy prison sentence that was to have reached its maximum expiration date in 2009. After being released to parole supervision in 2007, he absconded and was eventually arrested in Pennsylvania on an unrelated charge, for which he served a prison sentence in that state. He was returned to New York in 2010 and pleaded guilty to violating his parole upon the understanding that he would be held for an additional 12 months. After New York officials declined...

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